§ 2-2. Americans with Disabilities Act—Grievance procedure.

TITLE

ADA GRIEVANCE PROCEDURE—TAZEWELL COUNTY GRIEVANCE PROCEDURE AS IT RELATES TO THE HANDICAPPED

(a)

Tazewell County has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity.

(b)

Complaints should be addressed to the ADA Coordinator, 315 School Street, Box 14, Tazewell, Virginia 24651, 703/988-7541, Ext. 114, who has been designated to coordinate ADA compliance efforts.

(1)

A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.

(2)

A complaint should be filed within thirty (30) days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis).

(3)

An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be conducted by the ADA coordinator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

Under the Department of Justice regulations, Tazewell County need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.

(4)

A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA coordinator and a copy forwarded to the complainant no later than thirty (30) days after its filing.

(5)

The ADA coordinator shall maintain the files and records of Tazewell County relating to the complaints filed.

(6)

The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within thirty (30) days to the ADA coordinator.

(7)

The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance is not a prerequisite to the pursuit of other remedies.

(8)

These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure that Tazewell County complies with the ADA and implementing regulations.

(Ord. of 11-12-92)

Editor's note— Provisions enacted by an ordinance adopted Nov. 12, 1992, have been included herein at the discretion of the editor as § 2-2.

(Ord. of 11-12-92)

Editor's note

Provisions enacted by an ordinance adopted Nov. 12, 1992, have been included herein at the discretion of the editor as § 2-2.